The siblings have a share in the property of the parents. If they have died or even are in mental hospital then too their children have a share being coparceners to the property.
Ancestral property rights for my dead siblings children
My Parents have three children including me. 2 daughters and 1 son. I am their eldest daughter I am married. My younger sister passed away due to illness in the year 2006 she was married and has 2 children, one daughter (aged 20 years at present) and one son (aged 16 at present) , her husband is unmarried and he takes care of their children. My younger brother is an alcoholic in rehabilitation center he is divorced he has 2 children in his ex wife's custody. Both my parents passed away in the year 2020. I want to know if my deceased sister's children have rights on my parents ancestral property and bank account of my mother whose nominee was my father since he too passed away and there is no other nominee do they have rights to claim the money in that bank. So I want to know if my sister's children have the rights on ancestral property and my mom's bank account? If my brother who is in unrecognised rehabilitation center has the rights? And if my brother's (divorced) children and ex wife has the rights for the ancestral property and my mom's bank account?
Asked 3 years ago in Property Law
Religion: Hindu
19 Answers
1. Yes . In death of parents the children of pre deceased son or daughter have equal rights with their uncles and aunts .
2. Therefore you can not avoid parting with their due 1/3rd share which both if them will take jointly.
3. If they are deprived of their share they can file suit for partition. So to avoid family wrangling in court give their share or money in lieu thereof and get mutual partition of the property.
4. Divorced wife has no share in it.
Your sisters child would inherit their mother one third share in property
2) his ex wife and no share in ancestral property but his children can claim share in ancestral property
All have 1/3rd share. Deceased daughter share will inheirt to her husband and children.
In brother life time, his children have no right.
As per section 7,8,9,10,11,14,15,16,17 and 18 of Hindu Succession Act 1956 all legal heirs areequally entitled to have sharers in ancestral property of parents under their respective classes and order of inheritance.
children's can claim a share in her deceased mother's share of property.
Your brothers children's can claim share but her ex wife has no share .
Yes they will have share as they are heirs of your sister. Your brother and his children will also have rights and they can claim it
Dear Ma'am,
1. Yes, your deceased sister's children have a right on both immovable and movable properties (including bank balance) of your parents.
2. Yes, your brother too has rights in the property.
3. Your brother's children have a right, but his ex wife does not has a right over your parents' properties.
Your parents' property would basically be divided in three shares to be shared by three branches i.e. you and your siblings (presuming your sister is alive). Further each branch would take respective shares accordingly.
Hope this answer helps.
Best wishes.
1. It's not clear in your narration as to, whether your parents died intestate ( without executing a WILL ) or they had executed WILL before death.
2. Assuming that your parents died intestate, then the entitlement to the share in the property devolves equally to all their children. In case of deceased child, her children get the share which gets subdivided into all the children, whether they are sons or daughters.
3. In the intestate death of your parents, in the instant case, you, your deceased sister's children and your brother are entitled to 1/3rd share. Your deceased sister's daughter and son gets a combined share of 1/3rd in all the movable and immovable properties of your parents, including amount in bank accounts, jewellery, car, shares, cash, etc.
4. Since your brother is alive, he will be entitled to full 1/3rd share, on par with you, even though he's divorced, his ex-wife and 2 children will not have any share.
Yes they will have the right in the property along with other legal hairs including you your brother.
For this purpose you need to file a partition suiti the district court in this regard. I think there is no previous transfer of property to be contested for so a fresh suit may be initiated.
- If your parents died without leaving any WILL , then their assets/property would be devolved upon his legal heirs i.e. 2 daughters and son, i.e. each will get 1/3rd of the same.
- Further , after the death of your sister , her share would be devolved upon her legal heirs , i.e.husband , and children .
- Yes, they can claim 1/3rd share of mother in the bank account and property left by your parents.
- Nominee is only a care taker , and cannot claim the amount of the bank himself without sharing the same with the other legal heirs.
- Yes, your said brother is also having his right during his life time. , and after his demise his children will get share in the property and amount , even they are living their mother, but his divorcee not having right during his life time.
Your deceased sister was having rights in her parents properties both movable and immovable properties.
Therefore her rights to the properties shall automatically devolve upon her legal heirs consisting her husband and children.
They are entitled to inherit her share in the properties as well as in the amount held in the bank.
Your brother is also having rights in his parents properties which includes the amount remaining in bank in the name of your deceased mother.
However your brother's ex-wife is not having any rights in his properties since she is divorced, however his children can claim the rights in his share after his death provided he is reported to have died intestate.
1. IF Parents expired without leaving any WILL, THEN the Three Children (2 daughter and 1 son) shall have EQUAL rights in the Family property,which includes all amounts in Banks /Share etc.... There is no exception to this.
2. IF any children has expired or is mentally unstable, THEN the share ratio of each children (i.e. 1/3) will go in equal proportion to the demised children's legal heirs. (means share of deceased sister will go to 2 children of deceased younger sister)
Yes your sister's children have rights over the property and money
Yes he has the share in the property.
1. Yes the legal heirs of your deceased sister that is her children and husband has right on her share of the property movable and immovable in absence of will.
2. Yes the brother has right on the property.
3. In life of your brother they have no right on it.
Madam,
It is suggested that the said children of the said sister and brother have right in the property and no body else,
All three of you i.e., you, your sister and brother are entitled to properties left by your parents equally (1/3rd share each one of you).
Since your sister passed away leaving behind her children, they are entitled to her 1/3rd share of their mother alongwith her husband.
During your brother's life time, his wife and children are not entitled to share. After his demise, the 1/3rd share of your brother goes to them (if his ex-wife is not remarried)
1. Yes children of deceased sister have right in ancestral property of your parents and yes they can claim share from money in their account as well.
2. Yes your brother also have rights in assets of your parents.
3. Children of your brother can claim share in ancestral property but not his ex-wife.
